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(영문) 의정부지방법원 2015.05.15 2014고단4082
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CF car.

At around 11:10 on August 12, 2014, the Defendant, at the Hancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-do, had the roads under the direction of Hancheon-gun, Gancheon-gun, Gancheon-gun, Gan

Since the place is an intersection where the center line of yellow solid lines is installed, it is prohibited to overtake, there was a duty of care to refrain from overtaking to those engaged in driving service.

Nevertheless, the Defendant neglected this and tried to overtake the E-motor bicycle driven by the victim D (the age of 83) who driven ahead of the Defendant’s running direction in the left direction by overpassing it into the left direction, and the part of the left hand of the said motorcycle was taken into the back side of the motor vehicle of the Defendant and went beyond the victim.

Accordingly, the Defendant suffered brain injury, etc. to the victim for about six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The grounds for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [Article 62(1) of the Criminal Act] No person who has the basic area (Article 4-10 of the Act on the Punishment, etc. of Traffic Accidents) (Article 22(3)1 of the Act on the Punishment, etc. of Traffic Accidents (Article 22(3))

However, it seems that there is no damage, such as the occurrence of the harm caused by the harm caused by the harm caused by the victim, and the defendant has no criminal record to determine the punishment like the order, considering the fact that there is no criminal record.

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